N.W.T. Supreme Court grants eviction orders for occupants of 2 cabins

Carla Ulrich · CBC News

· Posted: Jun 13, 2025 8:55 PM EDT | Last Updated: 5 minutes ago

The N.W.T. Supreme Court has issued 3 rulings successful cases related to the territorial government's propulsion to region unauthorized cabins from nationalist land, 2 of which resulted successful eviction orders.

The rulings, released Wednesday, subordinate to cabins adjacent Narcisse Lake and Banting Lake. The cases are portion of the territorial government's Unauthorized Occupancy Project, a programme launched successful 2021 to code the increasing fig of cabins built oregon bought without ineligible support to usage the land.

The Unauthorized Occupancy Project separates cabins built earlier and aft April 1, 2014, the day the territory assumed work for administering territorial lands from the national government. More than 700 cabins were identified for reappraisal nether the program.

Structures built earlier that day are evaluated for imaginable tenure eligibility. If a tract fails to conscionable the criteria oregon cannot beryllium linked to an Indigenous pact right, ineligible enactment for removal tin beryllium taken.

In 2 of the 3 caller cases, the tribunal granted the government's exertion to evict the occupant. In the third, the justice declined to assistance the eviction due to the fact that of concerns astir the accusation utilized to warrant it.

Matt Pond was calved successful Yellowknife and is simply a subordinate of the Qalipu Mi'kmaq First Nation. In the precocious 1990s, helium built a compartment with his parents northbound of Narcisse Lake. He had nary lease, but helium argued that his Indigenous presumption and his volition to transportation to the Yellowknives Dene First Nation entitled him to inhabit the land.

In the affidavit, Pond said helium received verbal assurances successful the 1990s and aboriginal 2000s that a lease was not required for tiny traditional-use cabins. He besides said helium completed a voluntary declaration signifier to asseverate those rights, though it was not signed by immoderate N.W.T. Indigenous government, which is simply a requirement.

The justice found Pond was not yet a subordinate of a section Indigenous authorities with established oregon asserted rights successful the area. She ruled that the anticipation of transferring set rank successful the aboriginal wasn't capable to springiness him ineligible support to enactment connected the land.

The tribunal granted the government's application for eviction.

In a 2nd case, Frank Walsh took implicit a compartment connected Narcisse Lake successful 2007. The compartment was primitively built astir 2000. In 2013 oregon 2014, helium asked the Department of Lands astir getting a lease and was told that helium would request a measure of merchantability and to region a lakeside wharf.

Walsh did not region the wharf oregon use for a lease. The section aboriginal determined that the cabin's determination did not conscionable leasing criteria due to the fact that it was wrong the mean high-water mark. Walsh besides admitted helium was alert helium had nary lease.

Walsh argued helium had occupied the tract for implicit 20 years and should beryllium allowed to enactment nether the ineligible rule of adverse possession.

The justice rejected the argument, penning that Walsh had acknowledged the government's authorization by inquiring astir a lease and by aboriginal asking the tribunal to bid one. She besides cited lawsuit instrumentality suggesting that nationalist onshore cannot beryllium claimed done adverse possession.

The tribunal granted the territory's exertion for eviction.

In the last case, Thomas Van Dam purchased a compartment connected Banting Lake successful 2015. The operation was primitively built successful 2005 oregon 2006. A erstwhile proprietor applied for a lease successful 2013, but the exertion was denied successful 2014 owed to a impermanent clasp connected recreational leasing successful the area.

Van Dam declared his ownership of the compartment to the Department of Lands aft helium began moving determination successful 2021. He says a supervisor told him verbally that helium would "get a lease." However, successful 2022, helium was informed that his tract did not conform to compartment valuation criteria.

The government's exertion to tribunal stated that the tract failed to conscionable the criteria. However, the justice recovered the documentation did not specify however the compartment failed the criteria. She besides said that Van Dam had moved the compartment to comply with the Yellowknife Watershed Development Area Regulations.

The justice denied the government's petition for eviction successful this lawsuit but granted the authorities the quality to reapply erstwhile the curate reviews the process acceptable retired nether the Unauthorized Occupancy Project.